LAWS(BOM)-2019-7-75

NOOPURA VISHWAJIT KULKARNI Vs. STATE OF MAHARASHTRA

Decided On July 11, 2019
Noopura Vishwajit Kulkarni Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The challenge in these two Writ Petitions under Article 226 of the Constitution of India is to the Constitutional validity and vires of a 25th June 2019 amendment to the Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act 2018 ("the SEBC Act"). The amendment in question was effected by Maharashtra Act No. III of 2013 and is entitled the Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) (Amendment) Act, 2019 ("the SEBC Amendment Act").

(2.) Petitioners Nos. 1, 2 and 3 in Writ Petition (L) No. 2016 of 2019 are all aspiring undergraduate medical (MBBS) and dental (BDS) course students. Petitioner No.4 is represented by his father. The Petition claims to espouse the cause on behalf of all students similarly placed. The two Petitioners in Writ Petition (L) No. 2022 of 2019 are both students who seek admission to the MBBS course. Petitioner No. 2 in the second petition is represented by his father.

(3.) Respondent No.1 in both petitions is the State. The other respondents are the Commissioner, the State Common Entrance Test and the Director of Medical Education and Research in Mumbai.